HARRIS v. CITY OF NEPTUNE BEACH

No. J-22.

214 So.2d 25 (1968)

Kenneth E. HARRIS, a Minor, by Jake E. Harris, His Father, and Jake E. Harris, Individually, Appellants, v. CITY OF NEPTUNE BEACH, Florida, a Municipal Corporation, Appellee.

District Court of Appeal of Florida. First District.

Rehearing Denied October 4, 1968.


Attorney(s) appearing for the Case

Mahon & Mahon, Jacksonville, for appellant.

S. Thompson Tygart, Jr., of the Offices of Charles Cook Howell, Jr., Jacksonville, for appellee.


SPECTOR, Judge.

This appeal questions the correctness of a summary judgment rendered in favor of defendant-appellee in a negligence action.

Appellants' claim against the defendant city alleged that the latter carelessly and negligently erected and maintained a towerlike structure for lifeguards on a public ocean beach which it maintained as a recreation area. The tower was located in the tidal area so that the depth of the water under it varied with the tide...

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